PARLIAMENTARY DEBATE
Trial by Jury: Proposed Restrictions - 9 July 2025 (Commons/Commons Chamber)
Debate Detail
We will carefully consider Sir Brian’s recommendations on jury trials, along with everything else, before providing a formal response to Parliament in the autumn. Jury trials are and will remain a cornerstone of British justice, and will remain in place for the most serious cases. However, justice delayed is justice denied. The system was not designed for a scenario where tens of thousands of victims wait years for justice. The Lord Chancellor and this Government are committed to turning the tide on the Crown court backlog by the end of this Parliament and creating a sustainable justice system fit for the 21st century.
However, it cannot be right to give another sentencing discount to those convicted of crimes such as burglary and stalking. That could see criminals serve as little as a fifth of their sentence, when combined with the Gauke review—20% of a sentence served. Is that justice for victims? Out of court settlements for drug dealers and thieves mean that they will not even get a criminal record. It makes a mockery of the justice system.
Just as concerning is the proposal to scrap jury trials in many cases. The report admits that this will have only a “limited effect” on the backlog. It will save just £31 million—0.2% of the Department’s budget. As the report states, there is no limit to the cases for which jury trials could be scrapped. This is a slippery slope towards abolishing jury trials altogether.
Jury trials have been a central part of our constitution for centuries—in Magna Carta, and indeed before it. They are a gift that we have given to the world. To throw them away so casually shows a total disregard for our constitution, and for such limited benefit. It seems that too many on the Government Benches want to scrap jury trials regardless of the backlog, because they do not trust the British public’s instincts on justice. They say that judges know best; we say that the public know best. It does not have to be this way. The Government must take up the Lady Chief Justice’s offer of more sitting days. Will the Minister rule out yet another sentencing cut for criminals? Will she rule out letting drug dealers and thieves avoid even a criminal record? Does she accept that scrapping jury trials is a disgraceful and unnecessary rejection of one of our country’s proudest and most ancient liberties?
For 14 years the Conservatives did absolutely nothing, so let me explain the contrast with a party and a Government who are gripping the crisis and who are tough on law and order. We commissioned one of their own—Sir David Gauke—to give us his sentencing review. We commissioned one of our most revered judges, Sir Brian Leveson, who today has set out his recommendations. We will not provide our policy response today, because that demands and requires seriousness—not what we hear from the shadow Justice Secretary, but serious, careful analysis—and we will provide our formal response to the House in the autumn.
But we are not delaying. We are not waiting; we are investing in the system. To take up the challenge from the right hon. Gentleman about what the Lady Chief Justice said, we have already done what the previous Government failed to do, with an additional 4,000 Crown court sitting days and a record level of 110,000 sitting days a year—up from what the so-called party of law and order gave us. We also understand that we need proper system capacity. As we heard from the Lord Chancellor yesterday, this is not simply about adding more Crown court sitting days; as Sir Brian Leveson tells us—had the right hon. Gentleman bothered to read the report—we cannot simply sit our way out of this crisis.
We have to build system capacity—more judges, more prosecutors, more defence lawyers, and more court ushers. Of course we need to invest in the system, which is what the Government are doing with a promise of £450 million into our courts, additional to what the Conservative party provided. We are staying laser-focused on our mission, which is to provide swifter justice for victims, and restore public confidence in a justice system that was left to rack and ruin by the Conservative party.
The right hon. Gentleman has jumped the gun: we have been very clear that we are going to consider Sir Brian’s careful and detailed report, and we are going to listen to those who represent victims, and to the barristers and judges who do such an exceptional job. We will do what it takes for the victim who, if she reports a rape or serious crime, is told that she will have to wait until 2028, or 2029 in some cases, for her day in court. That is unacceptable, and that is why we will do whatever it takes, with the seriousness that the previous Government simply failed to have.
“To no one will we…delay right or justice.”
The right to a timely trial is embedded in Magna Carta, and we need to get back to delivering it.
Yesterday, I made the case for safeguarding the guarantors of our justice system—our jury trials. However, today, on behalf of the Liberal Democrats, I want to raise our concerns that reclassifying certain offences and drawing on magistrates to run the new intermediate courts risks putting unbearable strain on the magistrates courts, jeopardising their ability to deliver swift justice, especially for survivors of domestic abuse crimes. Before adopting any new proposals, will the Minister publish an impact assessment of the measures on victims in magistrates courts, and will she rule out any measures that will delay justice, safety or freedom for survivors of domestic abuse?
“could conceivably be dealt with by a judge and two wingers, so reserve the Crown court for the most serious cases… It is helpful to look at which cases should be triable either way and which should be summary only.”
Does the Minister agree that it is worth taking note of serious voices like Alex Chalk, rather than the opportunism of the shadow Justice Secretary?
Finally, as Chief Secretary to the Treasury, I allowed—against advice—Alex Chalk and his predecessor to make some capital-to-revenue switches in their budgets to deal with the urgency of this problem. I hope that is helpful to the Minister in her negotiations with the Treasury going forward.
In that vein, let me address our professions and our criminal Bar, who do a sterling job. I have engaged closely with the Bar Council and the Criminal Bar Association, and we need to do this in collaboration with them. It will be a team effort to rebuild our criminal justice system, and we will continue to engage over the summer as we bring together the necessary reforms to bring down the backlogs and deliver swifter justice for victims.
The Minister has said, not unreasonably, that she wants time to consider Sir Brian’s recommendations, but it is the case that some things are clearcut. Will she take this opportunity to rule out reducing sentences by 40% for criminals who plead guilty?
Contains Parliamentary information licensed under the Open Parliament Licence v3.0.